Monday, September 15, 2014
New York State Elec. & Gas Corp. v. First Energy Corp. - 9/11/14. In the
Court of Appeals, Second Circuit, Case Nos. 11-4143, 11-4146, 11-4149. The district court held the corporate successor to plaintiff's former parent company liable for a portion of the costs on a veil-piercing theory, and it held the current owner of one site liable for a portion of the costs as well. The U.S. Appeals Court affirmed and vacated in part, but said, "We find that the district court did not abuse its discretion in allocating the response costs. The district court reasonably took into account the fact that I.D. Booth would benefit from the increased property value after remediation and that its negotiating tactics led to significant delays in remediating the property."
Posted by JPMcJ at 12:02 PM
MEIC v. Stone-Manning - 9/11/14. In the
Court of Appeals, Ninth Circuit, Case No. 13-35107. The panel affirmed the dismissal for lack of subject matter jurisdiction of a citizen suit claiming that the Director of the Montana Department of Environmental Quality would violate duties imposed by the Surface Mining Control and Reclamation Act by approving a pending application for a mining permit. U.S.
Posted by JPMcJ at 12:01 PM